[1]
Editor's Note: Local Law No. 1-1976, §§ 1 — 6, 8, did not expressly amend the Code; hence, inclusion herein as Art. II 1/2 of Ch. 10, §§ 10-28 — 10-33, is at the discretion of the editor. Section 7 of said local law provides as follows:
“Section 7. This local law shall take effect immediately except that Sections 4 and 6 (codified herein as §§ 10-30 and 10-32) shall take effect on the date set by Westchester County for the assumption by Westchester County of total responsibility for the disposal, in accordance with the Plan, of all solid waste collected in this Village of Tuckahoe and upon 60 days' prior written notice by the County to the Village of Tuckahoe."
The Village has advised that L.L. No. 1-1976 has become effective under the terms of this section.
[L.L. No. 1-1976, § 2]
(a) 
This article shall be known as the "Solid Waste Disposal Local Law."
(b) 
The purpose of this article is to provide for the disposal of all solid waste generated in the Village in compliance with federal and state standards for the control of air, water and ground pollution through participation in the Plan for Solid Waste Management in Westchester County, New York, dated May 7, 1974, adopted by the Westchester County Board of Legislators by Resolution No. 162-1974.
[L.L. No. 1-1976, § 3]
For the purposes of this article, the following terms shall have the meanings ascribed to them herein:
(1) 
SOLID WASTE — Includes all manner of useless or unwanted or discarded solid or semisolid, nontoxic, domestic, commercial, industrial, institutional, construction and demolition waste materials, except hazardous, toxic, chemical, human or rendering wastes.
(2) 
COLLECTOR OF SOLID WASTE — Includes any person duly licensed or authorized to engage in or who engages in the business of collecting, storing, transporting and disposing of solid waste as defined above.
(3) 
SOLID WASTE FACILITY — Includes any fixed facility that is established, maintained and operated, either as its primary function or in support of some other facility or operation, for the transfer, treatment, disposal or salvage of solid waste. It includes, but is not limited to, any facility that is established for the purpose of transferring, bailing, composting, incinerating, recycling, separating, salvaging, shredding or landfilling any solid waste or any combination of functions thereof, including stationary compactors located at points of collection.
(4) 
PLAN — A Plan for Solid Waste Management in Westchester County, New York, dated May 7, 1974."
[L.L. No. 1-1976, § 4]
The Village shall deliver or cause to be delivered to a solid waste facility or facilities, designated by Westchester County and licensed, operated or approved by Westchester County, all solid waste collected or caused to be collected within the boundaries of the Village, subject to such restrictions as may be required by the county in conformity with the plan as set forth in Resolution No. 162-1974 of the County Board of Legislators, except that bona fide recycling or resource recovery programs or drives within this municipality and operated or licensed by it may be exempted from this section with the approval of Westchester County.
[L.L. No. 1-1976, § 5]
In consideration of the assumption by Westchester County of responsibility for the disposal of all solid waste collected in the Village in compliance with federal and state standards for the control of ground, air and water pollution, the Village agrees to refrain from exercising its powers to impose licensing requirements for collectors of solid waste at such time as Westchester County shall adopt requirements for the licensing and regulation of said collectors on a county-wide basis.
[L.L. No. 1-1976, § 6]
Upon representation by the county that the plan offers the most efficient and least costly method of solid waste control in compliance with federal and state standards for the control of air, ground and water pollution, the Village agrees to pay all reasonable fees set by Westchester County for the disposal of solid waste, presently estimated to be about $15 per ton at the designated point of transfer to the county facility.
[L.L. No. 1-1976, § 8]
This Article does not bind the Village to any contractual relationship with Westchester County. In the event that the county plan is substantially altered from the plan presently filed that the cost will not be the same or similar to the projected cost therein, or if the Village ascertains that a more efficient and less costly method is available to dispose of its solid waste, then the Village, at its option, may rescind this Article.